Detroit Free Press Staff Writer

'Kilpatrick Enterprise' trial coverage

Former Detroit Mayor Kwame Kilpatrick, his father, Bernard Kilpatrick, and his longtime contractor friend Bobby Ferguson were convicted in U.S. District Court in Detroit. They were accused in a conspiracy to enrich themselves by rigging City of Detroit contracts through the mayor's office. Kwame Kilpatrick was convicted on 24 of 30 counts, Ferguson was found guilty on nine of 11 counts and Bernard Kilpatrick was convicted on one of four counts. A fourth defendant, former water department director Victor Mercado, pleaded guilty to conspiracy during the trial and awaits sentencing.

The longtime contractor friend and codefendant of Kwame Kilpatrick asked a federal judge today to release him on bond – four days after the convicted former Detroit mayor did the same.

And like Kilpatrick, Ferguson is getting some help from his mother, who is offering to put up two of her homes as collateral to ensure that her son will not flee pending formal sentencing. Several others have offered to do the same.

According to Ferguson’s filing today, several of his family members and a friend have offered their homes as collateral guaranteeing that Ferguson will appear for formal sentencing. He faces up to 20 years in prison.

Those willing to help Ferguson include his mother, Annie Ferguson, who has offered her homes in Detroit and Alabama as collateral, according to court records. A man named Donald Nix has offered his home in Alabama; Detroiters Sherri and Richard McMillion Sr. have offered their home; Richard McMillion Jr. also has offered his home.

“The pledges of these five homes as surety tip the scales in favor of Mr. Ferguson being released on bond pending sentencing,” Ferguson’s lawyer Gerald Evelyn wrote in court documents. “Quite simply, were Mr. Ferguson to flee, his family members and friend would suffer dire consequences by losing their homes.”

Evelyn also argued that Ferguson is not a danger to society.

Evelyn also argued that Ferguson is not a danger to society.

Prosecutors had previously argued otherwise, noting Ferguson has a felony conviction for pistol-whipping an employee and after that conviction was found in possession of guns, when he was forbidden from having them.

Ferguson’s request for release comes on the same day the U.S. Attorney’s Office argued against releasing Kilpatrick, whose mother, former Congresswoman Carolyn Cheeks Kilpatrick, offered her home as collateral.

“The only new information he adds is that his mother is willing to offer her home as bond collateral … it is noteworthy that the property offered by defendant is not owned by him. Instead, it belongs to his mother," the government wrote, stressing that court rules and long-standing court practices “explicitly disfavor the posting of real properly as collateral for bond in criminal cases.”

Kilpatrick asked to be released on Monday, one week after being convicted on 24 of 30 counts in a public corruption trial that lasted more than five months. Kilpatrick’s attorney, James Thomas, argued his client was too broke to flee.

The U.S. Attorney's Office didn’t buy it.

“As the court is aware … defendant has demonstrated repeatedly that he has accepted money from business leaders and family members, while at the same time lying to and misleading the courts about his assets and ignoring the direction of his probation and parole officers to report income and gifts,” prosecutors argued, adding Kilpatrick has “failed to meet his burden” of proving he can be trusted not to flee.

Kilpatrick is being held at a federal prison in Milan following his March 11 conviction.

Kilpatrick was convicted of racketeering, bribery, extortion, mail and wire fraud and tax charges. Ferguson was convicted on nine of 11 counts for similar crimes. Both men are behind bars pending formal sentencing, which has not net been scheduled. They each face up to 20 years in prison.

Kilpatrick's father, Bernard Kilpatrick, was convicted on one of four counts and faces up to three years in prison for filing false taxes. He is free on bond.